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(영문) 창원지방법원 2019.02.19 2018노1718
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records of this case regarding the Defendant’s appeal, the Defendant appealed against the lower judgment on July 5, 2018, and filed an appeal, and the Defendant is found to have failed to submit the appellate brief within 20 days from the deadline for submitting the appellate brief even when the Defendant was notified of the notification of the receipt of the notification by public notice by the court on December 14, 2018, and the Defendant is found to have failed to submit the appellate brief within 20 days from the deadline for submitting the appellate brief. Moreover, the Defendant’s appeal shall be dismissed pursuant to Article 361-4(1) of the Criminal Procedure Act on the grounds that no grounds for appeal are stated in the petition of appeal and it cannot be found that there

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

B. Even if the judgment prosecutor considers the circumstances that are favorable to the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope, taking full account of the overall circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The prosecutor's assertion that the sentencing of the court below is unfair is rejected.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit, and the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is dismissed. However, as long as it is decided as above on the prosecutor's appeal, the prosecutor's appeal shall not separately dismiss

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